#copyright free best

[blackbackedjackal]

I don't go here but imagine having a whole ass indie studio make a solid 30 minute pilot of your series for free and you drop the books on the project.

[kennys-parka-jacket]

Only time yall will ever see me post about AI on this blog:

I'm glad that most people aren't treating Character.ai the same as something like Stable Diffusion. Online writers are way less protective of their work than digital artists. Maybe in individual cases there are exceptions, but by and large it is not the same at all.

With that said though, it always struck me as weird that fanfiction writers legally can not make money off their work, yet it *is* legal to use fics to train chat bots and then charge a fee to use those bots. Just incredibly weird.

[bassrebelsmusic]

No Copyright Lofi Hip Hop | Chilled Dreamy Beats

[lifehacksthatwork]

Just a bunch of Useful websites - Updated for 2023

Removed/checked all links to make sure everything is working (03/03/23). Hope they help!

Sejda - Free online PDF editor.

Supercook - Have ingredients but no idea what to make? Put them in here and it'll give you recipe ideas.

Still Tasty - Trying the above but unsure about whether that sauce in the fridge is still edible? Check here first.

Archive.ph - Paywall bypass. Like 12ft below but appears to work far better and across more sites in my testing. I'd recommend trying this one first as I had more success with it.

12ft – Hate paywalls? Try this site out.

Where Is This - Want to know where a picture was taken, this site can help.

TOS/DR - Terms of service, didn't read. Gives you a summary of terms of service plus gives each site a privacy rating.

OneLook - Reverse dictionary for when you know the description of the word but can't for the life of you remember the actual word.

My Abandonware - Brilliant site for free, legal games. Has games from 1978 up to present day across pc and console. You'll be surprised by some of the games on there, some absolute gems.

Project Gutenberg – Always ends up on these type of lists and for very good reason. All works that are copyright free in one place.

Ninite – New PC? Install all of your programs in one go with no bloat or unnecessary crap.

PatchMyPC - Alternative to ninite with over 300 app options to keep upto date. Free for home users.

Unchecky – Tired of software trying to install additional unwanted programs? This will stop it completely by unchecking the necessary boxes when you install.

Sci-Hub – Research papers galore! Check here before shelling out money. And if it’s not here, try the next link in our list.

LibGen – Lots of free PDFs relate primarily to the sciences.

Zotero – A free and easy to use program to collect, organize, cite and share research.

Car Complaints – Buying a used car? Check out what other owners of the same model have to say about it first.

CamelCamelCamel – Check the historical prices of items on Amazon and set alerts for when prices drop.

Have I Been Pawned – Still the king when it comes to checking if your online accounts have been released in a data breach. Also able to sign up for email alerts if you’ve ever a victim of a breach.

I Have No TV - A collection of documentaries for you to while away the time. Completely free.

Radio Garden – Think Google Earth but wherever you zoom, you get the radio station of that place.

Just The Recipe – Paste in the url and get just the recipe as a result. No life story or adverts.

Tineye – An Amazing reverse image search tool.

My 90s TV – Simulates 90’s TV using YouTube videos. Also has My80sTV, My70sTV, My60sTV and for the younger ones out there, My00sTV. Lose yourself in nostalgia.

Foto Forensics – Free image analysis tools.

Old Games Download – A repository of games from the 90’s and early 2000’s. Get your fix of nostalgia here.

Online OCR – Convert pictures of text into actual text and output it in the format you need.

Remove Background – An amazingly quick and accurate way to remove backgrounds from your pictures.

Twoseven – Allows you to sync videos from providers such as Netflix, Youtube, Disney+ etc and watch them with your friends. Ad free and also has the ability to do real time video and text chat.

Terms of Service, Didn’t Read – Get a quick summary of Terms of service plus a privacy rating.

Coolors – Struggling to get a good combination of colors? This site will generate color palettes for you.

This To That – Need to glue two things together? This’ll help.

Photopea – A free online alternative to Adobe Photoshop. Does everything in your browser.

BitWarden – Free open source password manager.

Just Beam It - Peer to peer file transfer. Drop the file in on one end, click create link and send to whoever. Leave your pc on that page while they download. Because of how it works there are no file limits. It's genuinely amazing. Best file transfer system I have ever used.

Atlas Obscura – Travelling to a new place? Find out the hidden treasures you should go to with Atlas Obscura.

ID Ransomware – Ever get ransomware on your computer? Use this to see if the virus infecting your pc has been cracked yet or not. Potentially saving you money. You can also sign up for email notifications if your particular problem hasn’t been cracked yet.

Way Back Machine – The Internet Archive is a non-profit library of millions of free books, movies, software, music, websites and loads more.

Rome2Rio – Directions from anywhere to anywhere by bus, train, plane, car and ferry.

Splitter – Seperate different audio tracks audio. Allowing you to split out music from the words for example.

myNoise – Gives you beautiful noises to match your mood. Increase your productivity, calm down and need help sleeping? All here for you.

DeepL – Best language translation tool on the web.

Forvo – Alternatively, if you need to hear a local speaking a word, this is the site for you.

For even more useful sites, there is an expanded list that can be found here.

[mostlysignssomeportents]

It all started with a mouse

For the public domain, time stopped in 1998, when the Sonny Bono Copyright Act froze copyright expirations for 20 years. In 2019, time started again, with a massive crop of works from 1923 returning to the public domain, free for all to use and adapt:

https://web.law.duke.edu/cspd/publicdomainday/2019/

No one is better at conveying the power of the public domain than Jennifer Jenkins and James Boyle, who run the Duke Center for the Study of the Public Domain. For years leading up to 2019, the pair published an annual roundup of what we would have gotten from the public domain in a universe where the 1998 Act never passed. Since 2019, they've switched to celebrating what we're actually getting each year. Last year's was a banger:

https://pluralistic.net/2022/12/20/free-for-2023/#oy-canada

But while there's been moderate excitement at the publicdomainification of "Yes, We Have No Bananas," AA Milne's "Now We Are Six," and Sherlock Holmes, the main event that everyone's anticipated arrives on January 1, 2024, when Mickey Mouse enters the public domain.

The first appearance of Mickey Mouse was in 1928's Steamboat Willie. Disney was critical to the lobbying efforts that extended copyright in 1976 and again in 1998, so much so that the 1998 Act is sometimes called the Mickey Mouse Protection Act. Disney and its allies were so effective at securing these regulatory gifts that many people doubted that this day would ever come. Surely Disney would secure another retrospective copyright term extension before Jan 1, 2024. I had long arguments with comrades about this – people like Project Gutenberg founder Michael S Hart (RIP) were fatalistically certain the public domain would never come back.

But they were wrong. The public outrage over copyright term extensions came too late to stave off the slow-motion arson of the 1976 and 1998 Acts, but it was sufficient to keep a third extension away from the USA. Canada wasn't so lucky: Justin Trudeau let Trump bully him into taking 20 years' worth of works out of Canada's public domain in the revised NAFTA agreement, making swathes of works by living Canadian authors illegal at the stroke of a pen, in a gift to the distant descendants of long-dead foreign authors.

Now, with Mickey's liberation bare days away, there's a mounting sense of excitement and unease. Will Mickey actually be free? The answer is a resounding YES! (albeit with a few caveats). In a prelude to this year's public domain roundup, Jennifer Jenkins has published a full and delightful guide to The Mouse and IP from Jan 1 on:

https://web.law.duke.edu/cspd/mickey/

Disney loves the public domain. Its best-loved works, from The Sorcerer's Apprentice to Sleeping Beauty, Pinnocchio to The Little Mermaid, are gorgeous, thoughtful, and lively reworkings of material from the public domain. Disney loves the public domain – we just wish it would share.

Disney loves copyright's other flexibilities, too, like fair use. Walt told the papers that he took his inspiration for Steamboat Willie from Charlie Chaplin and Douglas Fairbanks, making fair use of their performances to imbue Mickey with his mischief and derring do. Disney loves fair use – we just wish it would share.

Disney loves copyright's limitations. Steamboat Willie was inspired by Buster Keaton's silent film Steamboat Bill (titles aren't copyrightable). Disney loves copyright's limitations – we just wish it would share.

As Jenkins writes, Disney's relationship to copyright is wildly contradictory. It's the poster child for the public domain's power as a source of inspiration for worthy (and profitable) new works. It's also the chief villain in the impoverishment and near-extinction of the public domain. Truly, every pirate wants to be an admiral.

Disney's reliance on – and sabotage of – the public domain is ironic. Jenkins compares it to "an oil company relying on solar power to run its rigs." Come January 1, Disney will have to share.

Now, if you've heard anything about this, you've probably been told that Mickey isn't really entering the public domain. Between trademark claims and later copyrightable elements of Mickey's design, Mickey's status will be too complex to understand. That's totally wrong.

Jenkins illustrates the relationship between these three elements in (what else) a Mickey-shaped Venn diagram. Topline: you can use all the elements of Mickey that are present in Steamboat Willie, along with some elements that were added later, provided that you make it clear that your work isn't affiliated with Disney.

Let's unpack that. The copyrightable status of a character used to be vague and complex, but several high-profile cases have brought clarity to the question. The big one is Les Klinger's case against the Arthur Conan Doyle estate over Sherlock Holmes. That case established that when a character appears in both public domain and copyrighted works, the character is in the public domain, and you are "free to copy story elements from the public domain works":

https://freesherlock.files.wordpress.com/2013/12/klinger-order-on-motion-for-summary-judgment-c.pdf

This case was appealed all the way to the Supreme Court, who declined to hear it. It's settled law.

So, which parts of Mickey aren't going into the public domain? Elements that came later: white gloves, color. But that doesn't mean you can't add different gloves, or different colorways. The idea of a eyes with pupils is not copyrightable – only the specific eyes that Disney added.

Other later elements that don't qualify for copyright: a squeaky mouse voice, being adorable, doing jaunty dances, etc. These are all generic characteristics of cartoon mice, and they're free for you to use. Jenkins is more cautious on whether you can give your Mickey red shorts. She judges that "a single, bright, primary color for an article of clothing does not meet the copyrightability threshold" but without settled law, you might wanna change the colors.

But what about trademark? For years, Disney has included a clip from Steamboat Willie at the start of each of its films. Many observers characterized this as a bid to create a de facto perpetual copyright, by making Steamboat Willie inescapably associated with products from Disney, weaving an impassable web of trademark tripwires around it.

But trademark doesn't prevent you from using Steamboat Willie. It only prevents you from misleading consumers "into thinking your work is produced or sponsored by Disney." Trademarks don't expire so long as they're in use, but uses that don't create confusion are fair game under trademark.

Copyrights and trademarks can overlap. Mickey Mouse is a copyrighted character, but he's also an indicator that a product or service is associated with Disney. While Mickey's copyright expires in a couple weeks, his trademark doesn't. What happens to an out-of-copyright work that is still a trademark?

Luckily for us, this is also a thoroughly settled case. As in, this question was resolved in a unanimous 2000 Supreme Court ruling, Dastar v. Twentieth Century Fox. A live trademark does not extend an expired copyright. As the Supremes said:

[This would] create a species of mutant copyright law that limits the public’s federal right to copy and to use expired copyrights.

This elaborates on the Ninth Circuit's 1996 Maljack Prods v Goodtimes Home Video Corp:

[Trademark][ cannot be used to circumvent copyright law. If material covered by copyright law has passed into the public domain, it cannot then be protected by the Lanham Act without rendering the Copyright Act a nullity.

Despite what you might have heard, there is no ambiguity here. Copyrights can't be extended through trademark. Period. Unanimous Supreme Court Decision. Boom. End of story. Done.

But even so, there are trademark considerations in how you use Steamboat Willie after Jan 1, but these considerations are about protecting the public, not Disney shareholders. Your uses can't be misleading. People who buy or view your Steamboat Willie media or products have to be totally clear that your work comes from you, not Disney.

Avoiding confusion will be very hard for some uses, like plush toys, or short idents at the beginning of feature films. For most uses, though, a prominent disclaimer will suffice. The copyright page for my 2003 debut novel Down and Out in the Magic Kingdom contains this disclaimer:

This novel is a work of fiction, set in an imagined future. All the characters and events portrayed in this book, including the imagined future of the Magic Kingdom, are either fictitious or are used fictitiously. The Walt Disney Company has not authorized or endorsed this novel.

https://us.macmillan.com/books/9781250196385/downandoutinthemagickingdom

Here's the Ninth Circuit again:

When a public domain work is copied, along with its title, there is little likelihood of confusion when even the most minimal steps are taken to distinguish the publisher of the original from that of the copy. The public is receiving just what it believes it is receiving—the work with which the title has become associated. The public is not only unharmed, it is unconfused.

Trademark has many exceptions. The First Amendment protects your right to use trademarks in expressive ways, for example, to recreate famous paintings with Barbie dolls:

https://www.copyright.gov/fair-use/summaries/mattel-walkingmountain-9thcir2003.pdf

And then there's "nominative use": it's not a trademark violation to use a trademark to accurately describe a trademarked thing. "We fix iPhones" is not a trademark violation. Neither is 'Works with HP printers.' This goes double for "expressive" uses of trademarks in new works of art:

https://en.wikipedia.org/wiki/Rogers_v._Grimaldi

What about "dilution"? Trademark protects a small number of superbrands from uses that "impair the distinctiveness or harm the reputation of the famous mark, even when there is no consumer confusion." Jenkins says that the Mickey silhouette and the current Mickey character designs might be entitled to protection from dilution, but Steamboat Willie doesn't make the cut.

Jenkins closes with a celebration of the public domain's ability to inspire new works, like Disney's Three Musketeers, Disney's Christmas Carol, Disney's Beauty and the Beast, Disney's Around the World in 80 Days, Disney's Alice in Wonderland, Disney's Snow White, Disney's Hunchback of Notre Dame, Disney's Sleeping Beauty, Disney's Cinderella, Disney's Little Mermaid, Disney's Pinocchio, Disney's Huck Finn, Disney's Robin Hood, and Disney's Aladdin. These are some of the best-loved films of the past century, and made Disney a leading example of what talented, creative people can do with the public domain.

As of January 1, Disney will start to be an example of what talented, creative people give back to the public domain, joining Dickens, Dumas, Carroll, Verne, de Villeneuve, the Brothers Grimm, Twain, Hugo, Perrault and Collodi.

Public domain day is 17 days away. Creators of all kinds: start your engines!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/12/15/mouse-liberation-front/#free-mickey

Image: Doo Lee (modified) https://web.law.duke.edu/sites/default/files/images/centers/cspd/pdd2024/mickey/Steamboat-WIllie-Enters-Public-Domain.jpeg

CC BY 4.0 https://creativecommons.org/licenses/by/4.0/deed.en

[allthingswhumpyandangsty]

why taking commissions for fanfics can KILL Archive of Our Own and fanfic culture as a whole

okay, so thing is, fanfics are allowed — as in they’re not banned — because nobody is supposed to be profiting off of copyrighted characters.

this is why popular site like Archive of Our Own is allowed to be up and running, because no one is supposed to be making money from fanfics.

the fact AO3 is allowed to be up and running, unfortunately, can and will most likely change if people start normalizing commissioning fanfics and making profit off of them.

because the second those big companies learn people are profiting off of their copyrighted characters, the target they will attack after you (in terms of legal action) is a platform like Archive of Our Own, which will likely ruin it all for everybody and every fandom.

imagine Archive of Our Own getting shut down because fanfics were banned because people were profiting off of them. (I know AO3 isn’t only about fanfics, but since it’s mostly known for fanfics, it will most likely get targeted and that will most likely mean it’ll get shut down if worst comes to worst.)

honestly. most people write fanfics in their free time for free out of passion and love they have for their favorite characters.

people read fanfics for free because that’s their source of happiness.

I’m not saying there will be no fanfics left in this world if they really are banned, because people will always find a way. but it WILL be so much harder having to sneak around and find a way to post fanfics without them getting removed at best, the authors getting sued at worst. and it WILL be harder for readers to find your works if we have to censor key words and character names in order to avoid getting caught.

it’s so much easier like this, we can freely post fanfics without having to hide and censor key words or worrying about anything.

no, I’m not making this post for the sake of those big companies. this post isn’t about “hey, don’t profit off of their characters”. it’s about “hey, don’t risk ruining fanfics culture as a whole for everybody by profiting off of them and putting a platform like Archive of Our Own in jeopardy.”

if you don’t want to live in a fandom without AO3, keep fanfics free.

[krispyjb]

Things that happen in Bojack Horseman without context

Jessica Biel kills and eats Zach Braff (both of the real celebrities voice themselves doing this)

The D on the Hollywood sign is destroyed, and instead of fixing it the area is just renamed Hollywoo for the rest of the series

One of the most emotionally raw episodes is called “Free Churro”

A character is allowed to open his own Disneyland because Walt Disney misspelled his own name on the copyright documents

The race for Governor of California briefly becomes an actual ski race

There is a recurring character who is very clearly two kids in a trench coat, and only one other character actually notices this

There’s an episode where, due to the framing device of two characters talking about the story while having to respect client confidentiality, everyone’s name and design is slightly changed, resulting in Bobo the Angsty Zebra

A biographical book wins a Golden Globe for Best Musical/Comedy

One of the in-universe shows Bojack stars in is hosted on a website that was created to tell you what time it is right now

Todd creates a sex robot

This is after Todd realizes he’s asexual

A character has eight dads in a polyamorous relationship and this is treated surprisingly normally

JD Salinger (author of Catcher in the Rye) is still alive and, when brought in to pitch a tv show, creates a celebrity game show

The spaghetti strainers

[musicforyou]

ROAD TRIP - Songs Collection. An Indie/Pop/R&B/Playlist

[leidensygdom]

Something I really don't understand about AI companies buying the rights to steal content from social media to feed their data training sets is, well. It's illegal as hell.

That content does not belong to the social media companies to start with. Personal data is a bit nebulous as it is, and some countries have better protection about it than others, but posting a picture on tumblr doesn't mean that Automatic automatically has the right to use, distribute and sell it as it sees fit.

I mean. Official accounts for big companies like Disney use social media for advertising. But posting a picture of Elsa on Twitter doesn't mean they're giving Twitter the right to use and sell that picture. But suddenly Twitter sells the nebulous ability to "scrape content from Twitter for AI training", so now Midjourney owns that picture of Elsa? What's the fucking ruling there?

People own the rights of what they have created even without officially registering it for trademarking (which is expensive as hell, by the way). Social media selling content means that they are selling copyrighted material created by its users- Some of it coming from big companies that have trademarked the shit out of everything, some of it coming from small creators who STILL have the rights to what they've created even without a trademark.

Curently, what you produce through AI generators is not actually copyrighted, since it was not made by a human, but what gets fed into the data training sets is often copyrighted material from unconsenting people. It basically is a copyright laundering scheme.

I do wholeheartedly hope that some regulations will be put in place, and hoping that big companies will, at least, do their best to help this case even if its just to protect their own IPs and property. Given how overprotective have Disney, Nintendo and other big names been about their content, I can't expect they'll be happy having it being sold to Midjourney, OpenAI and other crap for free, without their consent.

[musicaelectronica]

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[beautysoulsong]

Fredji - Happy Life (Vlog No Copyright Music) - Background Music - Free Loyalty Music For Creator

[bassrebelsmusic]

Ocean by Asparagus & Prima [Bass Rebels] Best Copyright Free Music

[mostlysignssomeportents]

The US Copyright Office frees the McFlurry

I'll be in TUCSON, AZ from November 8-10: I'm the GUEST OF HONOR at the TUSCON SCIENCE FICTION CONVENTION.

I have spent a quarter century obsessed with the weirdest corner of the weirdest section of the worst internet law on the US statute books: Section 1201 of the Digital Millennium Copyright Act, the 1998 law that makes it a felony to help someone change how their own computer works so it serves them, rather than a distant corporation.

Under DMCA 1201, giving someone a tool to "bypass an access control for a copyrighted work" is a felony punishable by a 5-year prison sentence and a $500k fine – for a first offense. This law can refer to access controls for traditional copyrighted works, like movies. Under DMCA 1201, if you help someone with photosensitive epilepsy add a plug-in to the Netflix player in their browser that blocks strobing pictures that can trigger seizures, you're a felon:

https://lists.w3.org/Archives/Public/public-html-media/2017Jul/0005.html

But software is a copyrighted work, and everything from printer cartridges to car-engine parts have software in them. If the manufacturer puts an "access control" on that software, they can send their customers (and competitors) to prison for passing around tools to help them fix their cars or use third-party ink.

Now, even though the DMCA is a copyright law (that's what the "C" in DMCA stands for, after all); and even though blocking video strobes, using third party ink, and fixing your car are not copyright violations, the DMCA can still send you to prison, for a long-ass time for doing these things, provided the manufacturer designs their product so that using it the way that suits you best involves getting around an "access control."

As you might expect, this is quite a tempting proposition for any manufacturer hoping to enshittify their products, because they know you can't legally disenshittify them. These access controls have metastasized into every kind of device imaginable.

Garage-door openers:

https://pluralistic.net/2023/11/09/lead-me-not-into-temptation/#chamberlain

Refrigerators:

https://pluralistic.net/2020/06/12/digital-feudalism/#filtergate

Dishwashers:

https://pluralistic.net/2021/05/03/cassette-rewinder/#disher-bob

Treadmills:

https://pluralistic.net/2021/06/22/vapescreen/#jane-get-me-off-this-crazy-thing

Tractors:

https://pluralistic.net/2021/04/23/reputation-laundry/#deere-john

Cars:

https://pluralistic.net/2023/07/28/edison-not-tesla/#demon-haunted-world

Printers:

https://pluralistic.net/2022/08/07/inky-wretches/#epson-salty

And even printer paper:

https://pluralistic.net/2022/02/16/unauthorized-paper/#dymo-550

DMCA 1201 is the brainchild of Bruce Lehmann, Bill Clinton's Copyright Czar, who was repeatedly warned that cancerous proliferation this was the foreseeable, inevitable outcome of his pet policy. As a sop to his critics, Lehman added a largely ornamental safety valve to his law, ordering the US Copyright Office to invite submissions every three years petitioning for "use exemptions" to the blanket ban on circumventing access-controls.

I call this "ornamental" because if the Copyright Office thinks that, say, it should be legal for you to bypass an access control to use third-party ink in your printer, or a third-party app store in your phone, all they can do under DMCA 1201 is grant you the right to use a circumvention tool. But they can't give you the right to acquire that tool.

I know that sounds confusing, but that's only because it's very, very stupid. How stupid? Well, in 2001, the US Trade Representative arm-twisted the EU into adopting its own version of this law (Article 6 of the EUCD), and in 2003, Norway added the law to its lawbooks. On the eve of that addition, I traveled to Oslo to debate the minister involved:

https://pluralistic.net/2021/10/28/clintons-ghost/#felony-contempt-of-business-model

The minister praised his law, explaining that it gave blind people the right to bypass access controls on ebooks so that they could feed them to screen readers, Braille printers, and other assistive tools. OK, I said, but how do they get the software that jailbreaks their ebooks so they can make use of this exemption? Am I allowed to give them that tool?

No, the minister said, you're not allowed to do that, that would be a crime.

Is the Norwegian government allowed to give them that tool? No. How about a blind rights advocacy group? No, not them either. A university computer science department? Nope. A commercial vendor? Certainly not.

No, the minister explained, under his law, a blind person would be expected to personally reverse engineer a program like Adobe E-Reader, in hopes of discovering a defect that they could exploit by writing a program to extract the ebook text.

Oh, I said. But if a blind person did manage to do this, could they supply that tool to other blind people?

Well, no, the minister said. Each and every blind person must personally – without any help from anyone else – figure out how to reverse-engineer the ebook program, and then individually author their own alternative reader program that worked with the text of their ebooks.

That is what is meant by a use exemption without a tools exemption. It's useless. A sick joke, even.

The US Copyright Office has been valiantly holding exemptions proceedings every three years since the start of this century, and they've granted many sensible exemptions, including ones to benefit people with disabilities, or to let you jailbreak your phone, or let media professors extract video clips from DVDs, and so on. Tens of thousands of person-hours have been flushed into this pointless exercise, generating a long list of things you are now technically allowed to do, but only if you are a reverse-engineering specialist type of computer programmer who can manage the process from beginning to end in total isolation and secrecy.

But there is one kind of use exception the Copyright Office can grant that is potentially game-changing: an exemption for decoding diagnostic codes.

You see, DMCA 1201 has been a critical weapon for the corporate anti-repair movement. By scrambling error codes in cars, tractors, appliances, insulin pumps, phones and other devices, manufacturers can wage war on independent repair, depriving third-party technicians of the diagnostic information they need to figure out how to fix your stuff and keep it going.

This is bad enough in normal times, but during the acute phase of the covid pandemic, hospitals found themselves unable to maintain their ventilators because of access controls. Nearly all ventilators come from a single med-tech monopolist, Medtronic, which charges hospitals hundreds of dollars to dispatch their own repair technicians to fix its products. But when covid ended nearly all travel, Medtronic could no longer provide on-site calls. Thankfully, an anonymous hacker started building homemade (illegal) circumvention devices to let hospital technicians fix the ventilators themselves, improvising housings for them from old clock radios, guitar pedals and whatever else was to hand, then mailing them anonymously to hospitals:

https://pluralistic.net/2020/07/10/flintstone-delano-roosevelt/#medtronic-again

Once a manufacturer monopolizes repair in this way, they can force you to use their official service depots, charging you as much as they'd like; requiring you to use their official, expensive replacement parts; and dictating when your gadget is "too broken to fix," forcing you to buy a new one. That's bad enough when we're talking about refusing to fix a phone so you buy a new one – but imagine having a spinal injury and relying on a $100,000 exoskeleton to get from place to place and prevent muscle wasting, clots, and other immobility-related conditions, only to have the manufacturer decide that the gadget is too old to fix and refusing to give you the technical assistance to replace a watch battery so that you can get around again:

https://www.theverge.com/2024/9/26/24255074/former-jockey-michael-straight-exoskeleton-repair-battery

When the US Copyright Office grants a use exemption for extracting diagnostic codes from a busted device, they empower repair advocates to put that gadget up on a workbench and torture it into giving up those codes. The codes can then be integrated into an unofficial diagnostic tool, one that can make sense of the scrambled, obfuscated error codes that a device sends when it breaks – without having to unscramble them. In other words, only the company that makes the diagnostic tool has to bypass an access control, but the people who use that tool later do not violate DMCA 1201.

This is all relevant this month because the US Copyright Office just released the latest batch of 1201 exemptions, and among them is the right to circumvent access controls "allowing for repair of retail-level food preparation equipment":

https://publicknowledge.org/public-knowledge-ifixit-free-the-mcflurry-win-copyright-office-dmca-exemption-for-ice-cream-machines/

While this covers all kinds of food prep gear, the exemption request – filed by Public Knowledge and Ifixit – was inspired by the bizarre war over the tragically fragile McFlurry machine. These machines – which extrude soft-serve frozen desserts – are notoriously failure-prone, with 5-16% of them broken at any given time. Taylor, the giant kitchen tech company that makes the machines, charges franchisees a fortune to repair them, producing a steady stream of profits for the company.

This sleazy business prompted some ice-cream hackers to found a startup called Kytch, a high-powered automation and diagnostic tool that was hugely popular with McDonald's franchisees (the gadget was partially designed by the legendary hardware hacker Andrew "bunnie" Huang!).

In response, Taylor played dirty, making a less-capable clone of the Kytch, trying to buy Kytch out, and teaming up with McDonald's corporate to bombard franchisees with legal scare-stories about the dangers of using a Kytch to keep their soft-serve flowing, thanks to DMCA 1201:

https://pluralistic.net/2021/04/20/euthanize-rentier-enablers/#cold-war

Kytch isn't the only beneficiary of the new exemption: all kinds of industrial kitchen equipment is covered. In upholding the Right to Repair, the Copyright Office overruled objections of some of its closest historical allies, the Entertainment Software Association, Motion Picture Association, and Recording Industry Association of America, who all sided with Taylor and McDonald's and opposed the exemption:

https://arstechnica.com/tech-policy/2024/10/us-copyright-office-frees-the-mcflurry-allowing-repair-of-ice-cream-machines/

This is literally the only useful kind of DMCA 1201 exemption the Copyright Office can grant, and the fact that they granted it (along with a similar exemption for medical devices) is a welcome bright spot. But make no mistake, the fact that we finally found a narrow way in which DMCA 1201 can be made slightly less stupid does not redeem this outrageous law. It should still be repealed and condemned to the scrapheap of history.

Tor Books as just published two new, free LITTLE BROTHER stories: VIGILANT, about creepy surveillance in distance education; and SPILL, about oil pipelines and indigenous landback.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/10/28/mcbroken/#my-milkshake-brings-all-the-lawyers-to-the-yard

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